Citation : 2022 Latest Caselaw 16242 Mad
Judgement Date : 12 October, 2022
C.S.No.326 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.10.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Civil Suit No.326 of 2021
and
Original Application No.683 of 2021
and
Applications Nos.3917, 3918 and 4116 of 2021
1.G.Sankarabushanam
2.Anbuselvi
3.N.Rajesh Kumar
4.N.Selvakumar
5.Arulbhavani
6.G.Sivaraj
7.Uma
8.Prema ... Plaintiffs
versus
1.E.Devamani
2.E.Gunamani
3.E.Jagadeesan
4.E.Lakshmi Sekar
5.E.Saroja
6.E.Jayaseelan
7.E.Rani Ethiraj @ E.Rani
8.E.Amudha
9.E.Bhaskar
10.E.Sridhar
11.E.Arul
12.E.Devatha
1/5
https://www.mhc.tn.gov.in/judis
C.S.No.326 of 2021
13.E.Karnal
14.E.Ebi
15.E.Chandra
16.E.Rajan
17.E.Ponmudi ... Defendants
Prayer: The Civil Suit filed under Order VI Rule 1 of the Original Side
Rules, read with Order VII Rule 1 of CPC., seeking to pass decree and
Judgment against the defendants that to declare that the 1st plaintiff is the
absolute owner of Suit B Schedule Property and to declare the plaintiffs are
the absolute owners of the Suit C Schedule Property and direct the
Defendants 7, 9, 10, 11 & 16 to hand over and deliver vacant possession of
the Suit C Schedule property to the plaintiffs and for permanent injunction
restraining the defendants, their men, agents, servants, representatives or
any one claiming through him/her/them or in trust for him/her/them, from
in any manner disturbing plaintiffs peaceful possession and enjoyment over
the Suit Schedule B & C property and for the costs of the suit.
For Plaintiffs : Mr.V.Manohar
For D1 to D17 : Mr.V.Balakrishnan
JUDGMENT
A Memo had been filed by the learned counsel for the defendants
which is as follows:
https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021
“ In the above-mentioned matter, reject the plaint application Appl NO.4115 of 2021 in CS.No.326 of 2021 was filed and the same was dismissed on 23/03/2022. Against the dismissal order of the Reject the plaint Application Appl NO.4115 of 2021 in CS.No.326 of 2021, Appeal O.S.A.No.230 of 2022 was filed.
It is submitted that the Honble Division bench by its order dated 28.03.2022 allowed the O.S.A.No.230 of 2022 with cost and the plaint in the Suit CS.No.326 of 2021 was rejected.
It is submitted that Honble Division bench by its order dated 28.03.2022 rejected the plaint in the Suit CS.No.326 of 2021, therefore I pray this Hon'ble court to record the order passed in OSA.No.230 of 2022 and dismiss the suit C.S.No.326 of 2021 and thus render Justice.
Dated at Chennai on this the 10th day of October 2022.
Sd/ .......
MS1010/2018 1010/2022 Counsel for Defendants”
https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021
2. The order of the Hon’ble Division Bench of this Court, dated
28.09.2022 in O.S.A.No.230 of 2022 is also enclosed.
3. In view of the same, since the plaint has been rejected, it may be
struck off by the registers of the Court. No costs. Consequently, the
connected applications stands closed.
12.10.2022
Index:Yes/No Speaking Order : Yes/No ssi
https://www.mhc.tn.gov.in/judis C.S.No.326 of 2021
C.V.KARTHIKEYAN,J., ssi
C.S.No.326 of 2021
12.10.2022
https://www.mhc.tn.gov.in/judis
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